Edgar C. Medford v. Insurance Company of North America, a Pennsylvania Corporation

91 F.3d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edgar C. MEDFORD, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation, Defendant-Appellee. No. 95-35163. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided July 18, 1996. Before: FERGUSON and BRUNETTI, Circuit Judges, and KING, * District Judge. MEMORANDUM ** Edgar C. Medford appeals the district court's grant of summary judgment in favor of Insurance Company of North America ("INA"). Medford challenges the district court's decision denying his request for benefits on the ground that a pre-existing condition significantly contributed to his injury. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse. Medford was insured under an accident only insurance policy issued by INA. The policy stated that it did not provide benefits for loss caused by, or resulting from, "sickness, disease or bodily infirmity." The policy further…